↑Suspectedly, the scene after the explosion of mobile power
Red Star News Reporter｜Luo Danni Intern Deng Baoying
Editor｜Pan Li
htmlOn September 20, the seller told the Red Star News reporter that he was already communicating with manufacturers and consumers. While holding the seller accountable, Ms. Shi found that the product involved was labeled with the wrong manufacturer. The manufacturer was labeled as a wrong label confirmed to the Red Star News reporter that the products involved in the explosion had nothing to do with their company. The seller promised to stop selling infringing products and recall the infringing products that flowed into the market as soon as possible to eliminate the impact.Ms. Shi from Tianjin recently revealed that the explosion of nearly 3,000 yuan of mobile power supply online shopping during the charging process caused the 60-year-old parents to severely burn .
When Ms. told Red Star News reporter that her father planned to travel by car in August after retirement this year. In order to store insulin , she bought an outdoor mobile power supply worth 2,999 yuan, which is specially used to power the car refrigerator . After returning from a half month of travel, I found that the power supply was suspected of discharge. When charging as required, it seemed that an explosion occurred. The two elderly people had second- and third-degree burns and respiratory burns on their bodies. The hospital issued several notices of critical illness and are still living in ICU. The doctor said that the operation plus treatment would cost 3 million.
Ms. said that she would not accept the compensation of 400,000 yuan for the manufacturer's current proposal, but if she went to legal action, she was worried that her money would not be able to support the fire determination result.
Regarding the cause of the explosion, the Tianjin Fire Brigade said it was inconvenient to inquire and suggested consulting the Hongqiao District Fire Rescue Detachment. The detachment said that the fire had not been handled that day.
↑ When the woman's parents were burned and hospitalized
The person involved said:
Mobile power explosions two times in succession
Parents were burned all over their body facing high treatment costs
9 On September 18, Ms. Shi told the Red Star News reporter that her father was engaged in water conservancy engineering related work and was away from home all year round. After retirement at the end of July this year, he planned to take his mother to travel on his own. Both elderly people are 60 years old and suffer from diabetes . They need to take insulin on time every day, and insulin agents need to be refrigerated and stored. So on July 30, Ms. Shi's father bought a mobile power supply worth 2,999 yuan in a Tmall store called "Pinsheng Flagship Store" to power the car refrigerator.
↑Screenshot of mobile power purchase order
html After receiving the goods in early August, Ms. Shi's parents set off for Inner Mongolia and Northeast China around August 7. Ms. Shi said that during this period, the mobile power supply was only responsible for charging the refrigerator. When it was out of power, it was taken to hotels and other places to charge. Unexpectedly, after the self-driving tour ended in late August, it was found that there was a problem with the mobile power supply.↑Screenshot of communication between Ms. Shi's father and Pinsheng flagship store customer service
chat screenshot shows that on September 4, Ms. Shi's father contacted Pinsheng flagship store customer service, "I found that the mobile power purchased at you can't store the power now. The day before, it was full of power, and it was useless. It was useless. It was out of power in three days." The customer service asked if the phone was related. Ms. Shi's father said that "it was turned off", and the customer service asked her to contact the after-sales service.
Two days later, on September 6, Ms. Shi's father added after-sales WeChat and sent a video to the other party's mobile power supply. Since then, the two have had two voice calls. "My father told me that the after-sales technician told him to fully charge the mobile power supply again, then burn a pot of water with the power supply and try to see how it discharged. This is probably what it means," Ms. Shi said.
Unexpectedly, the charging power supply exploded on the night after-sales prompts. At around 7 pm, after dinner, Ms. Shi's father placed the mobile power supply under the TV in the living room and started charging. Then her parents sat on the sofa less than two meters away watching TV. Ms. Shi said that by 10:30 pm, the mobile power supply had two explosions. Red Star News reporter noticed that according to the prompt on the mobile power parameter table: "Please try to charge the mobile outdoor power supply in an environment where there are people.
↑Suspectedly, the scene after the explosion of mobile power
Red Star News Reporter｜Luo Danni Intern Deng Baoying
Editor｜Pan Li
htmlOn September 20, the seller told the Red Star News reporter that he was already communicating with manufacturers and consumers. While holding the seller accountable, Ms. Shi found that the product involved was labeled with the wrong manufacturer. The manufacturer was labeled as a wrong label confirmed to the Red Star News reporter that the products involved in the explosion had nothing to do with their company. The seller promised to stop selling infringing products and recall the infringing products that flowed into the market as soon as possible to eliminate the impact.Ms. Shi from Tianjin recently revealed that the explosion of nearly 3,000 yuan of mobile power supply online shopping during the charging process caused the 60-year-old parents to severely burn .
When Ms. told Red Star News reporter that her father planned to travel by car in August after retirement this year. In order to store insulin , she bought an outdoor mobile power supply worth 2,999 yuan, which is specially used to power the car refrigerator . After returning from a half month of travel, I found that the power supply was suspected of discharge. When charging as required, it seemed that an explosion occurred. The two elderly people had second- and third-degree burns and respiratory burns on their bodies. The hospital issued several notices of critical illness and are still living in ICU. The doctor said that the operation plus treatment would cost 3 million.
Ms. said that she would not accept the compensation of 400,000 yuan for the manufacturer's current proposal, but if she went to legal action, she was worried that her money would not be able to support the fire determination result.
Regarding the cause of the explosion, the Tianjin Fire Brigade said it was inconvenient to inquire and suggested consulting the Hongqiao District Fire Rescue Detachment. The detachment said that the fire had not been handled that day.
↑ When the woman's parents were burned and hospitalized
The person involved said:
Mobile power explosions two times in succession
Parents were burned all over their body facing high treatment costs
9 On September 18, Ms. Shi told the Red Star News reporter that her father was engaged in water conservancy engineering related work and was away from home all year round. After retirement at the end of July this year, he planned to take his mother to travel on his own. Both elderly people are 60 years old and suffer from diabetes . They need to take insulin on time every day, and insulin agents need to be refrigerated and stored. So on July 30, Ms. Shi's father bought a mobile power supply worth 2,999 yuan in a Tmall store called "Pinsheng Flagship Store" to power the car refrigerator.
↑Screenshot of mobile power purchase order
html After receiving the goods in early August, Ms. Shi's parents set off for Inner Mongolia and Northeast China around August 7. Ms. Shi said that during this period, the mobile power supply was only responsible for charging the refrigerator. When it was out of power, it was taken to hotels and other places to charge. Unexpectedly, after the self-driving tour ended in late August, it was found that there was a problem with the mobile power supply.↑Screenshot of communication between Ms. Shi's father and Pinsheng flagship store customer service
chat screenshot shows that on September 4, Ms. Shi's father contacted Pinsheng flagship store customer service, "I found that the mobile power purchased at you can't store the power now. The day before, it was full of power, and it was useless. It was useless. It was out of power in three days." The customer service asked if the phone was related. Ms. Shi's father said that "it was turned off", and the customer service asked her to contact the after-sales service.
Two days later, on September 6, Ms. Shi's father added after-sales WeChat and sent a video to the other party's mobile power supply. Since then, the two have had two voice calls. "My father told me that the after-sales technician told him to fully charge the mobile power supply again, then burn a pot of water with the power supply and try to see how it discharged. This is probably what it means," Ms. Shi said.
Unexpectedly, the charging power supply exploded on the night after-sales prompts. At around 7 pm, after dinner, Ms. Shi's father placed the mobile power supply under the TV in the living room and started charging. Then her parents sat on the sofa less than two meters away watching TV. Ms. Shi said that by 10:30 pm, the mobile power supply had two explosions. Red Star News reporter noticed that according to the prompt on the mobile power parameter table: "Please try to charge the mobile outdoor power supply in an environment where there are people."
" My father was burned first, and my mother was burned a little bit. When she was about to run out, the second explosion happened again. Then my parents were burned and were then sent to . At that time, she was critically ill when she entered the emergency department and was directly transferred to the severe ICU for treatment. "According to the diagnosis certificate issued by the hospital, Ms. Shi's parents had many second-degree and third-degree burns and respiratory burns all over their bodies.
↑Ms. Shi's parents' critical illness notice
Ms. Shi said that their parents are old and have underlying diseases such as diabetes and hypertension and , and their lives are in danger. The doctor said that the cost of burn treatment is extremely high, and a single person costs millions of treatment, and it is expected that the two of them will need 3 million yuan in medical expenses. Ms. Shi said that their parents are currently awake and can conduct simple communication. The photos provided by Ms. Shi showed that the home was in a mess after the explosion, and the air conditioner fan fell to the ground, the drinking water bucket was burned and deformed, and the sofa, coffee table and other furniture had different courses. , the fire rescue team said that the damage was not convenient for the explosion, and it was recommended to consult the Hongqiao District Fire Rescue Detachment. The detachment said that the fire incident had not been handled on September 6. The attitude of the manufacturer:
product involved was posted with the wrong brand
promised to stop selling and recall the infringing product
The day after the explosion occurred, Ms. Shi asked the Tmall seller Pinsheng flagship store, and the other party said that the store was only responsible for delivering products on behalf of others, "It means that this product was not handed by him (Tmall store owner), and it was sent directly by the manufacturer. "Ms. Shi said that the staff of Pinsheng flagship store once revealed to her that the upstream factory was Zhongshan Pengzhixin Technology Co., Ltd., but this is inconsistent with the "produced by Longsheng Electrical Appliance Factory in Dongfeng Town, Zhongshan" displayed on the mobile power supply parameter table. "Pinsheng told me that they posted the wrong OEM label, and it was produced by Pengzhixin. "Ms. Shi said.
As of press time, the reporter found that all the products of the Pinsheng flagship store on Tmall have been removed from the shelves. The reporter checked the store qualification information and found that the company registered with the "Pinsheng Flagship Store" was Shenzhen Pinyouneng Technology Co., Ltd., which was established on May 13, 2014 with a registration cost of 100,000 yuan. It generally operates communication equipment , electronic products, etc., and the registered address is in Shenzhen. The mobile power supply purchased by Ms. Shi's father is in Zhongshan . The reporter asked about the registration company of the Pinsheng flagship store about the explosion. The other party said that he knew about this and was following the factory. The home communicated with consumers and hung up the phone.
↑The power parameter table of the wrong brand was
According to the statement provided by him, the Pinsheng multifunctional mobile outdoor power explosion occurred in Hongqiao District, Tianjin on September 6, 2022. Party A Zhongshan Pengzhixin Technology Co., Ltd. is the manufacturer of the Pinsheng multifunctional mobile outdoor power supply for the product involved in the case. Party B Pinsheng multifunctional mobile outdoor power supply is the seller of the mobile power supply. After Party B purchased the mobile power supply for the case from Party A, he used Zhongshan without authorization without obtaining the authorization of Longsheng Electrical Factory in Dongfeng Town, Zhongshan City, and Party A without authorization, without knowing the situation. The Longsheng Electrical Appliance Factory in Dongfeng Town produces a label. All legal consequences caused by the explosion accident of the product are not related to the Longsheng Electrical Appliance Factory in Dongfeng Town, Zhongshan City, and both parties A and B bear it themselves.
In addition, Party B stops selling infringing products and promises to recall the infringing products that flow into the market as soon as possible to eliminate the impact. If there are subsequent personal casualties due to product quality problems, all legal consequences will be borne by Party B. Party A and B will actively cooperate with relevant authorities to handle the explosion incident, reach a compensation agreement with the victim's family, and obtain understanding to ensure that the reputation and economic losses of the Longsheng Electrical Appliance Factory in Dongfeng Town, Zhongshan City will not be caused.The statement is stamped with the seal of Zhongshan Pengzhixin Technology Co., Ltd. and the personal handprint of the manufacturer of Pinsheng multi-function mobile outdoor power supply.
Dong Baosheng said that Longsheng Electrical Appliance Factory has entrusted a lawyer to handle it. "Our company is taking legal litigation channels to protect rights reasonably and legally, act in accordance with court procedures, comply with court judgments, and maintain fairness and justice." The reporter asked the staff of Zhongshan Pengzhixin Technology Co., Ltd. about this matter, and the other party hung up the phone.
Lawyer said:
Seller manufacturer bears joint and several liability for compensation
e-commerce platform should also bear responsibility if it fails to fulfill its commitment obligations
In this accident, if the explosion is indeed caused by a mobile power supply, what responsibilities should the seller, manufacturer, and e-commerce platform bear? What rights can manufacturers who are labeled as wrong?
Lawyer of Henan Yulong Law Firm Fu Jian believes to the Red Star News reporter that if consumers suffer personal and property due to defects in the quality of the product, according to the provisions of my country's " Civil Code ", the victim can ask for compensation from the producer of the product or the seller of the product. Fu Jian believes that the seller and the manufacturer bear joint and several liability for compensation and need to accept administrative penalties.
Ms. said that after the explosion, she complained to the e-commerce platform Tmall and informed her that there were major safety hazards or product production quality problems. "The other party responded that there would be quality control or supervision departments intervening in the investigation, but the product was still on sale the next day. I later communicated with the manufacturer, and the manufacturer finally removed the relevant products themselves."
In response, Li Guobei, a lawyer at Beijing Biyi Law Firm, said that in this case, it is necessary to clarify whether the e-commerce platform has fulfilled its obligations to review the seller's qualifications in accordance with the law and whether it has fulfilled the obligations promised by the e-commerce platform itself. After the incident, the victim informed the e-commerce platform, but the e-commerce platform still sold without taking necessary measures. It was subjectively fault and should bear joint and several liability according to law.
In this incident, due to the merchant’s mistake, the social evaluation of the manufacturers who were labeled with the wrong brand was reduced, and their reputation rights were infringed. Li Guobei believes that the manufacturers who were labeled with the wrong brand can claim trademark infringement from the owner. Article 57 of the " Trademark Law " stipulates that if a trademark that is the same as the registered trademark on the same product without the permission of the trademark registrant, it is an infringement of the exclusive right to the registered trademark.
According to Article 63 of the Trademark Law, the amount of compensation for infringement of exclusive trademark rights shall be compensated according to the actual losses suffered by the right holder due to infringement; if the actual losses are difficult to determine, it may be determined according to the benefits obtained by the infringer due to infringement. Manufacturers who are wrongly labeled can request that they immediately stop producing and selling goods that infringe on trademarks, compensate for the economic losses caused by this, and the reasonable expenses paid for stopping the infringement.
At present, in order to make up for the medical expenses of parents, Ms. Shi sold her house and borrowed money from her relatives and friends. So far, she has spent nearly 1 million yuan. After consulting a lawyer, Ms. Shi believed that the other party should compensate 5.6 million yuan, including 3 million yuan in medical expenses, parents' future disability compensation, as well as lost work expenses and damaged furniture. However, Ms. Shi said that Peng Zhixin's side told her that she was only willing to pay 400,000 yuan in compensation.
"I won't accept 400,000 yuan in compensation, but if I go through legal litigation, I still have to wait until the fire determination result is released before I can file a lawsuit. The firefighter said that it will be issued as soon as a month. I am worried that my money will not last at that time." Ms. Shi said.
―END―
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Dong Baosheng said that Longsheng Electrical Appliance Factory has entrusted a lawyer to handle it. "Our company is taking legal litigation channels to protect rights reasonably and legally, act in accordance with court procedures, comply with court judgments, and maintain fairness and justice." The reporter asked the staff of Zhongshan Pengzhixin Technology Co., Ltd. about this matter, and the other party hung up the phone.
Lawyer said:
Seller manufacturer bears joint and several liability for compensation
e-commerce platform should also bear responsibility if it fails to fulfill its commitment obligations
In this accident, if the explosion is indeed caused by a mobile power supply, what responsibilities should the seller, manufacturer, and e-commerce platform bear? What rights can manufacturers who are labeled as wrong?
Lawyer of Henan Yulong Law Firm Fu Jian believes to the Red Star News reporter that if consumers suffer personal and property due to defects in the quality of the product, according to the provisions of my country's " Civil Code ", the victim can ask for compensation from the producer of the product or the seller of the product. Fu Jian believes that the seller and the manufacturer bear joint and several liability for compensation and need to accept administrative penalties.
Ms. said that after the explosion, she complained to the e-commerce platform Tmall and informed her that there were major safety hazards or product production quality problems. "The other party responded that there would be quality control or supervision departments intervening in the investigation, but the product was still on sale the next day. I later communicated with the manufacturer, and the manufacturer finally removed the relevant products themselves."
In response, Li Guobei, a lawyer at Beijing Biyi Law Firm, said that in this case, it is necessary to clarify whether the e-commerce platform has fulfilled its obligations to review the seller's qualifications in accordance with the law and whether it has fulfilled the obligations promised by the e-commerce platform itself. After the incident, the victim informed the e-commerce platform, but the e-commerce platform still sold without taking necessary measures. It was subjectively fault and should bear joint and several liability according to law.
In this incident, due to the merchant’s mistake, the social evaluation of the manufacturers who were labeled with the wrong brand was reduced, and their reputation rights were infringed. Li Guobei believes that the manufacturers who were labeled with the wrong brand can claim trademark infringement from the owner. Article 57 of the " Trademark Law " stipulates that if a trademark that is the same as the registered trademark on the same product without the permission of the trademark registrant, it is an infringement of the exclusive right to the registered trademark.
According to Article 63 of the Trademark Law, the amount of compensation for infringement of exclusive trademark rights shall be compensated according to the actual losses suffered by the right holder due to infringement; if the actual losses are difficult to determine, it may be determined according to the benefits obtained by the infringer due to infringement. Manufacturers who are wrongly labeled can request that they immediately stop producing and selling goods that infringe on trademarks, compensate for the economic losses caused by this, and the reasonable expenses paid for stopping the infringement.
At present, in order to make up for the medical expenses of parents, Ms. Shi sold her house and borrowed money from her relatives and friends. So far, she has spent nearly 1 million yuan. After consulting a lawyer, Ms. Shi believed that the other party should compensate 5.6 million yuan, including 3 million yuan in medical expenses, parents' future disability compensation, as well as lost work expenses and damaged furniture. However, Ms. Shi said that Peng Zhixin's side told her that she was only willing to pay 400,000 yuan in compensation.
"I won't accept 400,000 yuan in compensation, but if I go through legal litigation, I still have to wait until the fire determination result is released before I can file a lawsuit. The firefighter said that it will be issued as soon as a month. I am worried that my money will not last at that time." Ms. Shi said.
―END―
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